On July 17th the U.S. Court of Appeals in Richmond, VA became the third court to rule that President Obama’s recess appointments of National Labor Review Board members last year was unlawful.

In the majority opinion, Circuit Judge Clyde Hamilton wrote: “We conclude that the president’s three Jan. 4, 2012, appointments to the board are constitutionally infirm, because the appointments were not made during ‘the recess of the Senate.’”

In 2012, appeals courts both in Washington and Philadelphia had also ruled that the appointments violated the Constitution’s Recess Appointments Clause, which threw hundreds of previous NLRB decisions into question after the rulings.

Employers win because of the court’s ruling

The latest ruling by the Virginia court canceled NLRB decisions against two employers who contended that the board lacked a legally appointed quorum.

The Richmond case is National Labor Relations Board v. Enterprise Leasing Co.-Southeast LLC, 12-01514, U.S. Court of Appeals for the Fourth Circuit (Richmond). The Washington case is Noel Canning v. National Labor Relations Board, 12-01115, 12-01153, U.S. Court of Appeals for the District of Columbia (Washington).

Contact an Employment Law Attorney

If the trend continues in the courts and ultimately in the Supreme Court, where the Obama Administration intends to be heard on the matter, many employers could benefit by having NLRB rulings overturned. Employers who have pending cases before the board or anticipate other dealings before the NLRB are advised to discuss the matter with an experienced employment law attorney. Stephen D. Hans & Associates, P.C., have advocated for New York employer for 34 years. To discuss your NLRB or other employment law matter, contact our office or call 718-275-6700 to schedule an appointment.